Delegated Item Report

Planning Case Officer: SPW

Authorised By: JK

Date of Report: 14th February 2016 PFile Number: 7990

National Guidance: NPPF NP Number: NP/HPK/1216/1272

Core Strategy: GSP1, GSP2, GSP3, GSP4, L1, L3.

Local Plan Codes: LC3, LC4, LC5, LC8, LH4.

List of Background Papers (not previously published)

Human Rights

Any human rights issues have been considered and addressed in the preparation of this report.

Report

Site and surroundings

Glebe Farm is located in Wormhill, approximately 250m to the north west of St Margaret’s Church and within the designated Wormhill and Hargatewall Conservation Area.

The proposal relates to a recently granted barn conversion which provides an ancillary dwelling. It has its permitted development rights removed for alterations to the external appearance.

The building is constructed of natural limestone with gritstone detailing.

To the rear the external boiler has already been installed and is finished in a dark green paint.

There is also a large flue running up the rear elevation, this is shown on both the proposed and existing plans and does not form part of this application.

The original dwelling that the barn conversion is ancillary to already has a satellite dish to its front elevation.

To one side a field adjoins the curtilage, and then dwellings with attached barns to the other side there are dwellings.

Proposal

The proposal is for the installation of an external boiler, stove flue and satellite dish. The proposals are clearly annotated on the plans and the plans include details of the diameter of the proposed flue, which is 150mm. Key Issues

Design, amenity, impact on the character and appearance of the original building and its Conservation Area setting.

History

2013: NP/HPK/1113/1004: Planning application for demolition of two storey extension and erection of two storey extensions, withdrawn prior to determination.

2014: NP/HPK/0214/0204: Planning permission refused for demolition of two storey extension and erection of two storey extension. Replacement of porch on south elevation. Change of use of barn to domestic accommodation to east of property.

2014: NP/HPK/1114/1171: Planning permission refused for demolition of two storey extension and erection of two storey extension. Replacement of porch on south elevation. Change of use of barn to domestic accommodation to east of property.

2014: NP/HPK/1214/1289: Outline planning application for demolition of existing cottage and barn and construction of replacement cottage, barn and infill withdrawn prior to determination.

2015: 2219873: Appeal against NP/HPK/1114/1171 dismissed. The inspector agreed with the Authority that the proposed two storey extension would harm the character and appearance of the property and the conservation area but considered that the development would not harm the residential amenities of neighbouring residential properties.

2015: NP/HPK/0315/0246: Planning permission approved conditionally for demolition of two storey extension to west of property, erection of two storey extension to west of property, replacement porch on south elevation and change of use of barn to domestic accommodation to east of property.

2015: NP/HPK/0615/0532: Planning permission granted for conversion of barn to ancillary dwelling. Permitted development rights for external alterations removed.

2016: NP/NMA/1016/1057: Non Material amendment application permitted to switch the position of a door. Flue to the front elevation not accepted as NMA as it raises design and amenity issues that warrant consultation particularly in relation to smoke. Advised to resite the flue to the rear roofslope and for it to penetrate the roof much higher up to reduce its size.

Policy

The policies of the development plan are generally permissive of house holder development provided it is to a high standard of design and will not harm the character or appearance or amenity of the original building or its setting (LPP LC4, LH4, CS DS1, GSP3).

As the proposal affects a Barn conversion the principles in LPP LC8 still apply which require that the new use retains the character and appearance of the original building. As the proposal is within a Conservation Area, the polices of the development plan would not permit development that failed to conserve and where possible enhance the character and appearance of the Conservation Area or which harmed the significance of the heritage asset. (LPP LC5 and CS L3).

Comment

The flue has been revised slightly since it was seen at the NMA stage, the submission explains that it is cranked and penetrating the roof as high as possible. There is a narrow strip field between the site and the nearest neighbour on this side of the building. As the flue terminates on the roof of a two storey building, to unobstructed surroundings, the smoke it discharges will dissipate effectively and therefore should not create any amenity issues for neighbouring properties relating to smoke.

The plans are detailed with a specification explaining that the flue is 150mm diameter. Officers queried this figure and the agent has confirmed that this is correct. The colour of the flue is not specified. At the NMA stage officer considered it would need to be finished matt black and this is still considered to be necessary in planning terms to ensure the proposal does not harm the character or appearance of the original building or its Conservation Area setting. This can be ensured by planning condition.

There is little information about the satellite dish in the application other than the size shown, which is approximately 400mm diameter. Its siting is on the front elevation of the Barn Conversion and would detract from the simple character of the building, and therefore also harm the character and appearance of the Conservation Area Contrary to LPP LC4, LC5, LC8, LH4 and CS GSP3, L3 and the Authority’s SPD ‘The Design Guide’ and the NPPF. The satellite dish is therefore unacceptable and a planning condition can be used to omit it from the scheme. This will of course give the applicants the right of appeal against this condition should they so wish to pursue it further. It is noted however that the existing dwelling has a satellite dish, and the most sympathetic way to achieve satellite tv to the property would be to share the existing satellite dish upgrading it with a multi LNB.

The external boiler has already been installed so the application is part retrospective. This is sited to the rear of the building and whilst open to public view but is relatively discreet because of its colour, and siting. It is not considered to harm the character or appearance of the original building or its conservation area setting. It also is not considered to cause any amenity issues.

The neighbouring properties have been consulted and a site notice has also been erected. No representations have been made.

It should be noted that there is a large flue shown on both the existing and proposed plans. Each element of the proposal is listed in the development description and clearly annotated on the proposed plans. The large flue at the rear is not included in the development description, nor is there any annotation to suggest it is proposed as part of this application. Furthermore the agent has confirmed that it is not intended to be part of this application. The flue at the rear is therefore considered to be clearly outside the scope of this application. A planning condition can be used to clarify this for the avoidance of doubt. Officers have further advised that this flue at the rear is unacceptable and have opened an enforcement enquiry which will be followed up as a separate issue by the Authority’s Monitoring and Enforcement Team. As the external boiler has already been installed the application is part retrospective so there is therefore no need for a time limit to commence works on a decision notice.

Considering the above, subject to the conditions stated, the proposal is considered to be in accordance with the policies of the development plan.

**Environmental Management**

None

**Consultation**

Derbyshire County Council (Highways) – No objections. High Peak Borough Council – No response to date. Wormhill and Green Fairfield parish Council – No objections to this planning application but note that the work has already been carried out.

A site notice inviting responses until 2 February 2017 has been used. No representation have been received from this.

**Officer Recommendations**

The application is recommended for approval subject to the following conditions or modifications.

1. Development in complete accordance with the submitted plans 420E P/102 and specifications and the development hereby approved is limited to those parts of the development which are specifically annotated on the approved plan as being proposed, except for the satellite dish which shall be omitted from the scheme.

2. At the time of installation the flue hereby approved shall be finished matt black and shall be permanently so maintained.

3. The external boiler hereby approved shall be permanently maintained with a dark green finish.